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B-157787, FEB. 1, 1967

B-157787 Feb 01, 1967
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AN EXAMINATION OF THE EVIDENCE NOW OF RECORD IN THIS CASE INDICATES THAT YOU ARE ENTITLED TO THE AMOUNT OF $291.30 FOR DAMAGES TO YOUR AUTOMOBILE. THIS ESTIMATE WAS IDENTICAL WITH THE ONE FROM HILBISH FORD SUBMITTED WITH YOUR LETTER OF OCTOBER 29. THAT IS. THE MEASURE OF DAMAGES FOR AN ITEM OF PERSONAL PROPERTY DESTROYED UNDER THE CIRCUMSTANCES HERE PERTAINING IS THE MARKET VALUE OF THAT ITEM AT THE TIME OF ITS DESTRUCTION. AS YOU WERE ADVISED IN OFFICE LETTER OF NOVEMBER 15. ALTHOUGH THEY LIKEWISE AGREED THAT IT COULD HAVE BEEN PURCHASED WITH A SUBSTANTIAL DISCOUNT FROM THE LIST PRICE. THEY ALSO STATED THAT THE CAMERA IS A DISCONTINUED MODEL. THAT THERE IS VERY LITTLE MARKET FOR 8MM MOVIE CAMERAS SINCE THE ADVENT OF THE SUPER 8 CAMERAS.

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B-157787, FEB. 1, 1967

TO MR. ELSIE MARTIN CAGLE:

YOUR LETTER OF DECEMBER 28, 1966, CONCERNING YOUR CLAIM FOR DAMAGES ARISING FROM THE COLLISION ON JULY 2, 1965, INVOLVING MR. PAUL BYRD STEAGALL, HAS BEEN RECEIVED.

AN EXAMINATION OF THE EVIDENCE NOW OF RECORD IN THIS CASE INDICATES THAT YOU ARE ENTITLED TO THE AMOUNT OF $291.30 FOR DAMAGES TO YOUR AUTOMOBILE. YOU SUBMITTED WITH YOUR LETTER OF OCTOBER 29, 1966, AN ESTIMATE FROM HILBISH FORD DATED JULY 12, 1965 (BUT APPARENTLY PREPARED FOR YOU IN OCTOBER 1966 FROM A COPY OF THE ORIGINAL ESTIMATE MADE AT THE TIME OF THE ACCIDENT) IN THE AMOUNT OF $320 AND AN ESTIMATE FROM BEASLEY-CROSS CHEVROLET CO., DATED OCTOBER 24, 1966 (ALSO APPARENTLY PREPARED FROM A COPY OF THE ORIGINAL ESTIMATE) IN THE AMOUNT OF $360.29. HOWEVER, WE RECEIVED FROM THE GOVERNMENT EMPLOYEES INSURANCE COMPANY, TO WHOM YOU ORIGINALLY PRESENTED THIS CLAIM, A COPY OF AN ESTIMATE FROM HILBISH FORD DATED JULY 12, 1965, WHICH YOU SENT TO THEM SHORTLY AFTER THE ACCIDENT, IN THE AMOUNT OF $291.30. THIS ESTIMATE WAS IDENTICAL WITH THE ONE FROM HILBISH FORD SUBMITTED WITH YOUR LETTER OF OCTOBER 29, 1966, IN ALL EXCEPT THE CHARGE FOR LABOR. WHILE BOTH HILBISH ESTIMATES SHOWED 28.7 HOURS OF LABOR, THE ESTIMATE SENT WITH YOUR LETTER OF OCTOBER 29, 1966, SHOWED LABOR COST OF $172.20 AND A TOTAL ESTIMATE OF $320, WHEREAS THE ESTIMATE RECEIVED FROM GEICO SHOWED $143.50 FOR LABOR COST AND A TOTAL OF $291.30. APPARENTLY THE ESTIMATE PREPARED FOR YOU IN OCTOBER 1966 USED A HIGHER LABOR COST RATE THAN THAT PREPARED AT THE TIME OF THE ACCIDENT. OBVIOUSLY, WE MUST PAY THE LOWEST ESTIMATE RECEIVED, THAT IS, $291.30.

WITH REGARD TO YOUR CAMERA, THE MEASURE OF DAMAGES FOR AN ITEM OF PERSONAL PROPERTY DESTROYED UNDER THE CIRCUMSTANCES HERE PERTAINING IS THE MARKET VALUE OF THAT ITEM AT THE TIME OF ITS DESTRUCTION, AS YOU WERE ADVISED IN OFFICE LETTER OF NOVEMBER 15, 1966. WE CONTACTED THREE CAMERA STORES IN WASHINGTON, D.C., AND ADVISED THEM OF THE DESCRIPTION OF THE CAMERA AS FURNISHED IN YOUR LETTER OF DECEMBER 28, 1966. ALL THREE AGREED THAT SUCH A CAMERA LISTED FOR APPROXIMATELY $79.50, AS STATED BY YOU, AT THE TIME YOU PURCHASED IT OVER SIX YEARS AGO, ALTHOUGH THEY LIKEWISE AGREED THAT IT COULD HAVE BEEN PURCHASED WITH A SUBSTANTIAL DISCOUNT FROM THE LIST PRICE. HOWEVER, THEY ALSO STATED THAT THE CAMERA IS A DISCONTINUED MODEL; THAT THERE IS VERY LITTLE MARKET FOR 8MM MOVIE CAMERAS SINCE THE ADVENT OF THE SUPER 8 CAMERAS; AND THAT THE MARKET VALUE OF YOUR CAMERA AT THE TIME OF ITS DESTRUCTION RAN FROM $15 TO $30, ASSUMING IT WAS IN VERY GOOD CONDITION. IN VIEW OF THE RANGE STATED FOR THE MARKET VALUE OF YOUR CAMERA AT THE TIME OF THE ACCIDENT WHICH DESTROYED IT, WE WILL PAY YOU THE AMOUNT OF $22.50 AS DAMAGES FOR ITS DESTRUCTION.

LIKEWISE, SINCE THE COCA COLA ICE BOX, FOR WHICH YOU PAID ABOUT $12, WAS ONE YEAR OLD AT THE TIME OF ITS DESTRUCTION, ITS REASONABLE MARKET VALUE AT THAT TIME WAS NO MORE THAN $8. HENCE, WE WILL PAY YOU THAT AMOUNT AS DAMAGES FOR ITS DESTRUCTION.

A CHECK IN THE AMOUNT OF $321.80 ($291.30 PLUS $22.50 PLUS $8) WILL BE ISSUED AND MAILED TO YOU SHORTLY.

YOU ARE ADVISED THAT 28 U.S.C. 2672, WHICH AUTHORIZES THE SETTLEMENT OF CLAIMS OF THE TYPE HERE INVOLVED, PROVIDES THAT---

"THE ACCEPTANCE BY THE CLAIMANT OF ANY SUCH AWARD, COMPROMISE, OR SETTLEMENT SHALL BE FINAL AND CONCLUSIVE ON THE CLAIMANT, AND SHALL CONSTITUTE A COMPLETE RELEASE OF ANY CLAIM AGAINST THE UNITED STATES AND AGAINST THE EMPLOYEE OF THE GOVERNMENT WHOSE ACT OR OMISSION GAVE RISE TO THE CLAIM, BY REASON OF THE SAME SUBJECT MATTER.'

IN VIEW THEREOF, YOUR ACCEPTANCE OF THE CHECK IN THE AMOUNT OF $321.80 WILL CONSTITUTE A COMPLETE RELEASE TO THE GOVERNMENT AND TO MR. STEAGALL FROM ANY FURTHER LIABILITY FOR DAMAGES ARISING FROM THE ACCIDENT HERE INVOLVED.

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